DA 00-1094 Released: May 18, 2000 COMMON CARRIER BUREAU SEEKS COMMENT ON THE OREGON PUBLIC UTILITY COMMISSION'S PETITION FOR EXPEDITED DELEGATION OF AUTHORITY TO IMPLEMENT NUMBER CONSERVATION MEASURES NSD File No. L-00-29 Pleading Cycle Established COMMENTS: June 15, 2000 REPLY COMMENTS: June 30, 2000 On September 28, 1998, the Federal Communications Commission (Commission) released an order in the matter of a Petition for Declaratory Ruling and Request for Expedited Action on the July 15, 1997 Order of the Pennsylvania Public Utility Commission Regarding Area Codes 412, 610, 215, and 717, and Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, Memorandum Opinion and Order and Order on Reconsideration, FCC 98-224, CC Docket No. 96-98, NSD File No. L-97-42 (rel. September 28, 1998) (Pennsylvania Numbering Order). The Pennsylvania Numbering Order delegated additional authority to state public utility commissions to order NXX code rationing in jeopardy situations and encouraged state commissions to seek further limited delegations of authority to implement other innovative number conservation methods. On March 7, 2000, the Oregon Public Utility Commission (Petitioner) filed a petition requesting additional delegated authority to implement number conservation measures in the State of Oregon. The Petitioner specifically requests authority to: (1) implement mandatory thousands-block number pooling trials; (2) enforce number assignment standards by auditing number resource use, by requiring data reporting and number utilization forecasting, and by requiring carriers to return portions of unassigned prefix codes; (3) adopt interim number assignment standards; (4) implement interim unassigned number porting; and (5) revise rationing procedures as necessary. Petitioner states that it faces pending exhaust of the 541 area code. Petitioner further states that a grant of delegated authority is needed to allow it to develop and implement efficient number management practices. On March 31, 2000, the Commission released the Numbering Resource Optimization, Report and Order and Further Notice of Proposed Rulemaking, FCC 00-104, CC Docket No. 99-200 (Numbering Resource Optimization Order). In the Numbering Resource Optimization Order, the Commission granted state commissions the authority to engage in certain number conservation measures. The Commission also reiterated that previous state delegations of authority to implement number conservation measures were interim in nature and would be superseded by forthcoming decisions in this proceeding. The Commission, however, continued its delegation to the Common Carrier Bureau to rule on state petitions for additional delegation of numbering authority when no new issues are raised. In paragraph 170 of the Numbering Resource Optimization Order, the Commission required that state commissions seeking thousands-block number pooling authority demonstrate that: 1) an NPA in its state is in jeopardy; 2) the NPA in question has a remaining life span of at least a year; and 3) that the NPA is in one of the largest 100 Metropolitan Statistical Areas (MSAs), or alternatively, the majority of wireline carriers in the NPA are LNP-capable. On April 28, 2000, the Petitioner supplemented its existing filing with the Common Carrier Bureau to address these specific criteria. We hereby seek comment on Petitioner's request for delegation of additional authority to implement the above number conservation measures to the extent that they are not superseded by the national number resource optimization measures addressed in the Numbering Resource Optimization Order. A copy of the petition will be available during regular business hours at the FCC Reference Center, Portals II, 445 12th Street, S.W., Suite CY-A257, Washington, D.C. 20554, (202) 418-0270. Interested parties may file comments concerning this matter on or before June 15, 2000, and reply comments on or before June 30, 2000. All filings must reference File No. NSD-L-00-29 and CC Docket 96-98. Send an original and four copies to the Commission Secretary, Magalie Roman Salas, Portals II, 445 12th Street, SW, Suite TW-A325, Washington, D.C. 20554 and two copies to Al McCloud, Network Services Division, Portals II, 445 12th Street, S.W., Room 6A-320, Washington, D.C. 20554. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to . If using this method, please reference CC Docket No. 96-98 in the Proceeding block. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, postal service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, including "get form " in the body of the message. A sample form and directions will be sent in reply. After filing your comments electronically, please send an e-mail to Al McCloud, amccloud@fcc.gov, indicating that comments have been filed. This is a "permit but disclose" proceeding for purposes of the Commission's ex parte rules. See generally 47 C.F.R.  1.1200-1.1216. As a "permit but disclose" proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission's rules applicable to non-restricted proceedings. 47 C.F.R.  1.1206. Parties making oral ex parte presentations are reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C.F.R.  1.1206(b)(2). Other rules pertaining to oral and written presentations are set forth in Section 1.1206(b) as well. For further information contact Aaron Goldberger of the Common Carrier Bureau, Network Services Division, at (202) 418-2320 or agoldber@fcc.gov. The TTY number is (202) 418-0484. -FEDERAL COMMUNICATIONS COMMISSION-